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Losing someone you love is painful. When that loss is caused by someone else’s negligence, it’s even harder to process. In these situations, families may have the right to file a wrongful death claim. This type of claim helps you hold the responsible party accountable. It can also help cover financial losses and other damages.
Conboy Law Injury & Malpractice Lawyers helps you take legal action after a loved one’s death. We understand how devastating these moments are. That’s why our team works closely with families to pursue justice. Whether your case involves a car crash, medical mistake, or dangerous property, we can help. We fight for compensation, including medical expenses, funeral costs, and emotional distress.
You do not have to face this alone. If you’re looking for an experienced wrongful death lawyer in Aurora, our firm is ready. Let us help you get answers and support.
A wrongful death claim is a legal action. It is filed when someone dies due to another person’s actions. This may include accidents, malpractice, or other harm.
Under Illinois law, a wrongful death claim arises when a person dies because of another’s wrongful act. It is a civil lawsuit filed in court. The goal is to get financial compensation for those left behind.
Wrongful death actions can be based on many types of cases. These include car accidents, workplace injuries, or medical errors. If the person could have filed a personal injury claim had they survived, the family may now file a wrongful death suit instead.
The Illinois Wrongful Death Act outlines who can file and what damages can be claimed. These laws help protect the rights of the family. Damages are paid to the next of kin or estate beneficiaries. If you’re not sure whether your case qualifies, an Aurora wrongful death attorney can help review the facts.
| Wrongful Death Claim | Criminal Case |
|---|---|
| Civil lawsuit | Criminal prosecution |
| Filed by family/estate | Filed by the state |
| Seeks money damages | Seeks jail time or fines |
| Lower proof standard | Higher proof standard |
| Can happen with or without criminal charges | Depends on state decision |
Not everyone can file a wrongful death suit. The law gives this right to specific individuals or representatives.
In Illinois, the wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This person may be named in the will. If there is no will, the court may appoint someone.
The personal representative acts on behalf of surviving family members. They are responsible for filing the claim and handling any settlement or award. The money received does not go to the estate directly. Instead, it is for the benefit of the spouse, children, or other relatives.
This role comes with responsibilities. The representative must gather evidence, hire a lawyer, and file the case within the legal time limits. An Aurora wrongful death attorney can help make sure the claim is filed properly. Conboy Law Injury & Malpractice Lawyers can guide you through each step of the process.
Under Illinois General Assembly, Statute 740 ILCS 180/1 allows specific people to receive compensation in a wrongful death claim. The surviving spouse is usually first in line. Children, including adopted ones, may also be entitled. If there is no spouse or child, the parents may be eligible.
These individuals are known as beneficiaries. They may receive money for loss of support, love, or companionship. Only a surviving spouse or immediate family members can usually recover damages. Friends or distant relatives typically cannot file.
It is important to know who qualifies before filing a claim. Your wrongful death attorneys can help identify the correct beneficiaries. At Conboy Law Injury & Malpractice Lawyers, we help families understand their legal rights after a loved one’s death.
Wrongful death actions aim to support the people left behind. The court may award damages to help with financial and emotional losses.
These may include medical expenses, funeral costs, and more. Families can also seek money for emotional distress or the loss of companionship. If the deceased was the main earner, the court may also award future income.
All of these damages are meant to ease the burden on the family. They are not meant to punish the person responsible, but to support those suffering the loss. Conboy Law Injury & Malpractice Lawyers works hard to secure full compensation for the surviving spouse and other eligible family members.
Several types of compensation may be available. These are meant to help families cover costs and losses tied to the death.
Funeral expenses can be overwhelming. A wrongful death claim may cover these costs. This includes the funeral service, burial, cremation, and related fees. Families should not have to struggle financially to lay a loved one to rest. When the death was caused by someone else’s negligence, the responsible party may be required to pay.
In Illinois, funeral and burial costs are common in wrongful death cases. Keep records of all receipts and invoices. This documentation can help during your case. An Aurora wrongful death attorney can help you recover these expenses in your lawsuit.
Some victims receive medical care before they pass away. These bills can be expensive. A wrongful death claim can help recover costs for emergency treatment, surgeries, medications, and hospital stays. Medical bills are often one of the largest expenses after a fatal injury.
Even with insurance, families may face out-of-pocket costs. These medical expenses should not fall on the shoulders of grieving families. Conboy Law Injury & Malpractice Lawyers works to include all related costs in your claim. We help you prove what care was provided and why it matters in your case.
If your loved one was working, their income helped support the household. After their death, that support is suddenly gone. A wrongful death claim can include lost income. This includes wages already lost and the money your loved one would have earned in the future. Courts look at age, occupation, and work history to decide the amount.
Losing a provider can put a family in financial trouble. That’s why it’s important to calculate future losses. Our wrongful death attorneys work with financial experts when needed to show the full impact. Let an Aurora wrongful death attorney help you recover what your family deserves.
Wrongful death lawsuits must be filed on time. Illinois law sets deadlines for taking legal action after a loved one’s death.
In most cases, Illinois gives you two years from the date of death to file a wrongful death claim. This is called the statute of limitations. If the lawsuit is not filed in time, the court may dismiss the case. That means you could lose your chance to recover damages, no matter how strong the case is.
This rule is strict. It’s important to talk to a wrongful death lawyer quickly after your loss. Conboy Law Injury & Malpractice Lawyers can review your timeline and help file the claim before time runs out.
There are a few exceptions to the two-year rule. If the wrongful death was caused by medical malpractice, the clock may start when the error was discovered, not when the death happened. There may also be exceptions if the person responsible leaves the state or tries to hide the wrongdoing. Every case is different.
That’s why it helps to speak with wrongful death attorneys early. We can check the facts and see if you qualify for extra time. Conboy Law Injury & Malpractice Lawyers can explain how the law applies in your case.
Time matters in wrongful death actions. The longer you wait, the harder it may be to find proof. Witnesses forget, records get lost, and evidence fades. Acting fast also helps your legal team build a stronger case. The sooner we start, the better we can protect your rights.
If you lost a loved one and believe someone else is at fault, don’t delay. Call an Aurora wrongful death attorney as soon as possible. Conboy Law Injury & Malpractice Lawyers is ready to help you from day one.
Yes, if someone else’s negligence caused the crash, you may have a case.
It depends on medical bills, funeral costs, lost income, and other factors.
No. Children or parents may also qualify depending on the situation.
Yes. You must show that another person’s actions caused the death.
They are similar, but wrongful death claims are filed by family after death.
You don’t have to face this alone. Losing someone is already hard. When it’s caused by someone else’s mistake, you deserve justice.
At Conboy Law Injury & Malpractice Lawyers, we fight for families in Aurora. Our team of wrongful death attorneys helps you understand your rights. We work to recover medical expenses, funeral expenses, lost income, and more. We know this is a tough time. That’s why we offer a free consultation.
You can speak with an Aurora wrongful death attorney and get clear answers. No pressure. Just support and guidance. Let us help you take the next step. Call today.
Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
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